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1. The Defendant’s KRW 12,825,33 as well as the Plaintiff’s KRW 6% per annum from April 24, 2015 to January 21, 2016.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in each entry in the evidence Nos. 1-1-8, No. 2-3, and No. 1-2. A.
On February 2, 2012, the Defendant was awarded a contract for the construction of B development project (hereinafter “instant construction”) from Ulsan-gun in KRW 3,982,582,650.
B. On November 27, 2012, the Plaintiff and the Defendant drafted a written contract from the Defendant that the Plaintiff will accept the instant subcontract (hereinafter referred to as the “instant subcontract agreement”) with the total sum of KRW 2,365,00,000 (including KRW 1,008,700 + KRW 1,356,300,000 + Value-added Tax (including KRW 1,356,30,000; and value-added Tax) of the instant construction project from November 27, 2012 to February 27, 2014 (hereinafter referred to as the “instant construction project”).
After that, on January 8, 2014 and September 18, 2014, the Plaintiff and the Defendant changed the terms of the instant subcontract over two occasions, and finally, on September 18, 2014, drafted a contract to change the construction period from November 27, 2012 to November 6, 2014 (hereinafter referred to as “instant contract”) by 2,736,80,000 won (=the amount of KRW 1,283,70,000 + the amount of KRW 2,453,10,000 in the instant case’s secondary construction work, including value-added tax).
C. On November 19, 2014, the Plaintiff sent to the Defendant a written waiver of construction work that “it is inevitable to waive the instant Nos. 1 and 2 construction work on November 14, 2014 because it is impossible to accept the financial portion of the excessive disbursement of the input fee,” with content certification. The said content certification reached the Defendant around that time.
Accordingly, the Defendant around November 21, 2014, as KRW 189,750,00 ( KRW 24,420,000 + KRW 165,330,000 + the aggregate of the progress payment for the instant First and Second Works + KRW 2,547,050,000 + the aggregate of the progress payment for the instant First and Second Works = the instant First Work.